High Court, on appeal from a decision of the Commissioner for Environmental Information, refers questions to the Court of Justice of the European Union as to, inter alia: (a) whether a public broadcaster (RTE) was a 'public authority' for the purposes of EU law concerning access to environmental information; and (b) whether the Commissioner had applied the wrong test as to environmental information.
Right to environmental information - right of public broadcasters to exercise press freedom - whether public broadcaster was a 'public authority' for the. purposes of EU law on public access to environmental information - Directive 2003/4/EC (AIE directive) - independence of public broadcaster - requests made of public broadcaster under the AIE regulations - problem of false balance - appeal from decision of the Commissioner for Environmental Information - decision that public broadcaster was a public authority for the purposes of the AIE regulations - Aarhus convention - interpretation of term 'material form' - whether a manifestly unreasonable refusal.